By Trevor Little
July 05 2012
Leading the list of the most-read WTR Premium Updates in June was coverage of the long-awaited IP TRANSLATOR decision. The Court of Justice of the European Union’s judgment in Chartered Institute of Patent Attorneys v Registrar of Trademarks (Case C-307/10) dealt for the first time with important questions regarding the specification of goods and services. While practitioners had hoped for clear guidance on the nature of specifications and, particularly, on the 'class heading covers all' practice (under which an application or registration that includes a class heading is deemed to cover all goods or services in the relevant class), the analysis on WTR Daily warned that the judgment potentially creates more problems than it solves.
Following closely behind the IP TRANSLATOR coverage was the warning that US trademark registrants and applicants may soon face additional hurdles in proving use of their marks, due to a final rule and pilot programme implemented by the US Patent and Trademark Office beginning June 21 2012.
Elsewhere, decisions addressing genuine use in Europe, assessing the risk of confusion and how the scope of protection of a descriptive word, as a graphically represented trademark, can be defined caught the eye of WTR’s subscribers.
Available exclusively to WTR subscribers, the Premium Updates provide daily case law bulletins from across the globe. The top 10 legal updates for June were:
1. IP TRANSLATOR - a clear and precise judgment? – June 27
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